Hriday Shah
In 2015, the Bihar Government passed a resolution merging two communities, one from the Backwards Castes list and the other from the Scheduled Caste list. On 15th of July, 2024, the Supreme Court of India struck this resolution by stating that the State Government had no power to make changes in the Scheduled Castes lists published under Article 341 of the Constitution of India.
The resolution merged ‘Tanti-Tantwa’, an Extremely Backwards Caste community with another community in the Scheduled Castes list, namely ‘Pan, Sawasi, Panr’. This was done so that the ‘Tanti-Tantwa’ community could get the benefits under the Schedule Castes list. The resolution was challenged in the High Court and the High Court judgment was challenged in the Supreme Court.
The Court agreed with the appellant’s argument that the State Government lacked the authority, competence, and power to add a caste or sub-caste to any entry in the Scheduled Castes list notified under the Presidential Order under Article 341 of the Indian Constitution. The judgement noted that any addition, deletion, or modification to the list published under the Presidential Order can only be made by law enacted by Parliament.
The Bihar government’s plan for extending the benefits of scheduled caste lists to a specific community belonging to a different caste list was lamented by the court, which also ruled that the state could not revoke the benefits granted to Schedule Castes by extending them to a community belonging to a different caste.
Justice Vikram Nath andJustice Prashant Kumar Mishra stated “The State may be justified in deleting “Tanti-Tantwa” from the Extremely Backward Classes list on the recommendation of the State Backward Commission, but beyond that to merge “Tanti-Tantwa” with ‘Pan, Sawasi, Panr’ under Entry 20 of the list of Scheduled Castes was nothing short of mala fide exercise for whatever good, bad or indifferent reasons, the State may have thought at that moment. Whether synonymous or not, any inclusion or exclusion of any caste, race or tribe or part of or group within the castes, races or tribes has to be, by law made by the Parliament, and not by any other mode or manner.”
Case Name: Dr. Bhim Rao Ambedkar Vichar Manch Bihar, Patna v. The State of Bihar & Ors.
Diary Number: Civil Appeal No. 18802 of 2017 with Civil Appeal No. … of 2024 (arising out of SLP (Civil) No. 18294 of 2021)
Bench: Justice Vikram Nath & Justice Prashant Kumar Mishra